BILL NUMBER: AB 71	CHAPTERED  09/07/99

	CHAPTER   330
	FILED WITH SECRETARY OF STATE   SEPTEMBER 7, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 7, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	PASSED THE SENATE   AUGUST 24, 1999
	AMENDED IN SENATE   JULY 14, 1999
	AMENDED IN SENATE   JUNE 28, 1999
	AMENDED IN ASSEMBLY   APRIL 26, 1999
	AMENDED IN ASSEMBLY   FEBRUARY 3, 1999

INTRODUCED BY   Assembly Members Cunneen and Margett
   (Principal coauthor:  Assembly Member Knox)
   (Coauthors:  Assembly Members Leach, Leonard, and Scott)

                        DECEMBER 7, 1998

   An act to amend, repeal, and add Section 40000.13 of, and to add
and repeal Sections 5205.5 and 21655.9 of, the Vehicle Code, relating
to vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 71, Cunneen.  High-occupancy vehicle lanes:  low-emission
vehicles.
   (1) Existing law authorizes the Department of Transportation, with
respect to highways under its jurisdiction, to authorize or permit
the exclusive or preferential use of highway lanes for high-occupancy
vehicles.
   This bill would require the Department of Transportation whenever
it authorizes or permits exclusive or preferential use of highway
lanes or highway access ramps for high-occupancy vehicles, to also
extend the use of those lanes or ramps to vehicles that have been
issued distinctive decals, labels, or other identifiers because the
vehicles meet (1) California's ultra low-emission vehicle (ULEV)
standards beginning July 1, 2000, and through December 31, 2003, or
(2) California's super ultra-low emission vehicle (SULEV) standards
on and after January 1, 2004, and through December 31, 2007, for
exhaust emissions, as specified, and (3) the federal inherently
low-emission vehicle (ILEV) evaporative standard, as defined in
federal regulations, regardless of vehicle occupancy or ownership.
   In addition, for the purpose of implementing these provisions, the
bill would require the Department of Motor Vehicles to make
available for issuance distinctive decals, labels, or other
identifiers for vehicles described above that clearly distinguishes
them from other vehicles.  The Department of the California Highway
Patrol would be required to specify the placement and design of the
decals, labels, or other identifiers.  The bill would require the
Department of Motor Vehicles to include a summary of the provisions
relating to the distinctive decals, labels, or other identifiers on
each motor vehicle registration renewal notice or on a separate
insert, as specified.
   (2) The bill would prohibit any person from operating or owning a
vehicle that displays a decal, label, or other identifier if that
identifier was not issued to that vehicle.  Because a violation of
this prohibition would be a crime, the bill would impose a
state-mandated local program.
  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   (4) The bill would provide that its provisions shall remain in
effect only until January 1, 2008, and as of that date are repealed,
unless a later enacted statute deletes or extends that date.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature hereby finds and declares all of the
following:
   (a) The federal Clean Air Act Amendments of 1990 (Public Law
101-549) sought to accelerate the deployment of inherently low
emission vehicles (ILEVs) through the use of nonmonetary incentives
in areas that do not meet federal ambient air quality standards.
   (b) Federal regulations to implement these federal Clean Air Act
Amendments were adopted by the United States Environmental Protection
Agency in 1993, and are set forth in Part 88 (commencing with
Section 88.101-94) of Title 40 of the Code of Federal Regulations.
These federal regulations direct states to exempt federally certified
and labeled ILEVs in fleets from high-occupancy vehicle (HOV)
restrictions for single-occupant vehicles (Sec.  88.313-93, Title 40,
C.F.R.).  Five years later, California has not yet conformed to
those federal regulations.
   (c) In addition to these federal requirements pertaining to ILEVs
in fleets the Transportation Equity Act for the 21st Century (Public
Law 105-178), commonly known as TEA-21, encourages and permits states
to extend the HOV lane access exemption to nonfleet owners of ILEVs.

   (d) In most instances, existing HOV lanes in California are
uncongested and underutilized, resulting in less than optimal traffic
flow.  Traffic flow efficiency and air quality would, therefore, be
improved by an exemption for ILEVs from the HOV lane access
restrictions in these uncongested HOV lanes.
   (e) The federal regulations provide a mechanism for California and
other states to remove congested HOV lanes, or portions thereof,
from having access by single-occupant ILEVs, thus guaranteeing that
ILEVs cannot be a cause of congestion in HOV lanes.
   (f) The federal regulations affirm a state's authority to
establish ILEV identification requirements, in addition to the EPA
requirements, that are necessary and appropriate to facilitate
enforcement.
   (g) California's urban air quality is the worst of any state in
the United States, with over 80 percent of our population living in
areas that do not meet federal or state ambient air quality
standards, and approximately 75 percent of our urban smog coming from
mobile sources, primarily light-duty cars and trucks.
   (h) The people of California want and need healthful air quality,
and are well served by incentive-based approaches to encourage early
deployment of cleaner vehicles at little or no cost to the state.
  SEC. 2.  Section 5205.5 is added to the Vehicle Code, to read:
   5205.5.  (a) For the purposes of implementing Section 21655.9,
beginning July 1, 2000, and through December 31, 2003, the
department, in consultation with the Department of the California
Highway Patrol, shall make available for issuance, for a fee
determined by the department to be sufficient to reimburse the
department for actual costs incurred pursuant to this section,
distinctive decals, labels, or other identifiers for vehicles that
meet California's ultra-low emission vehicle (ULEV) standard for
exhaust emissions and the federal ILEV evaporative emission standard,
as defined in Part 88 (commencing with Section 88.101-94) of Title
40 of the Code of Federal Regulations, in a manner that clearly
distinguishes them from other vehicles.
   (b) For the purposes of implementing Section 21655.9, beginning
January 1, 2004, and through December 31, 2007, the department shall
make available for issuance, for a fee determined by the department
to be sufficient to reimburse the department for actual costs
incurred pursuant to this section, distinctive decals, labels, and
other identifiers for vehicles that meet California's super ultra-low
emission vehicle (SULEV) standard for exhaust emissions and the
federal inherently low-emission vehicle (ILEV) evaporative emission
standard, as defined in Part 88 (commencing with Section 88.101-94)
of Title 40 of the Code of Federal Regulations, in a manner that
clearly distinguishes them from other vehicles.
   (c) The department shall include a summary of the provisions of
this section on each motor vehicle registration renewal notice, or on
a separate insert, if space is available and the summary can be
included without incurring additional printing or postage costs.
   (d) The Governor may remove individual high-occupancy vehicle
(HOV) lanes, or portions of those lanes, during periods of peak
congestion from the ILEV access provisions provided in subdivisions
(a) and (b), following a finding by the Department of Transportation
as follows:
   (1) The lane, or portion thereof, exceeds a level of service C, as
discussed in subdivision (b) of Section 65089 of the Government
Code.
   (2) The operation or projected operation of the vehicles described
in subdivisions (a) and (b) in these lanes, or portions thereof,
will significantly increase congestion.
   The finding also shall demonstrate the infeasibility of
alleviating the congestion by other means, including, but not limited
to, reducing the use of the lane by noneligible vehicles, further
increasing vehicle occupancy, or adding additional capacity.
   (e) For purposes of subdivisions (a) and (b), the Department of
the California Highway Patrol shall design and specify the placement
of the decal, label, or other identifier on the vehicle.  Each decal,
label, or other identifier issued for a vehicle shall display a
unique number, which number shall be printed on, or affixed to, the
vehicle registration.
  (f) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.

  SEC. 3.  Section 21655.9 is added to the Vehicle Code, to read:
   21655.9.  (a) Whenever the Department of Transportation authorizes
or permits exclusive or preferential use of highway lanes or highway
access ramps for high-occupancy vehicles pursuant to Section
21655.5, the use of those lanes or ramps shall also be extended to
vehicles that are issued distinctive decals, labels, or other
identifiers pursuant to Section 5205.5 regardless of vehicle
occupancy or ownership.
   (b) No person shall drive a vehicle described in subdivisions (a)
and (b) of Section 5205.5 with a single occupant upon a
high-occupancy vehicle lane pursuant to this section unless the
decal, label, or other identifier issued pursuant to Section 5205.5
are properly displayed on the vehicle, and the vehicle registration
described in Section 5205.5 is with the vehicle.
   (c) No person shall operate or own a vehicle displaying a decal,
label, or other identifier, as described in Section 5205.5, if that
decal, label, or identifier was not issued for that vehicle pursuant
to Section 5205.5.  A violation of this subdivision is a misdemeanor.

  (d) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.

  SEC. 4.  Section 40000.13 of the Vehicle Code is amended to read:
   40000.13.  A violation of any of the following provisions is a
misdemeanor, and not an infraction:
   (a) Section 16560, relating to interstate highway carriers.
   (b) Sections 20002 and 20003, relating to duties at accidents.
   (c) Section 21200.5, relating to riding a bicycle while under the
influence of an alcoholic beverage or any drug.
   (d) Section 21651, subdivision (b), relating to wrong-way driving
on divided highways.
   (e) Section 21655.9, subdivision (c), relating to illegal use of
decals, labels, or other identifiers.
   (f) Section 22520.5, a second or subsequent conviction of an
offense relating to vending on or near freeways.
   (g) Section 22520.6, a second or subsequent conviction of an
offense relating to roadside rest areas and vista points.
   (h) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
  SEC. 5.  Section 40000.13 is added to the Vehicle Code, to read:
   40000.13.  A violation of any of the following provisions is a
misdemeanor, and not an infraction:
   (a) Section 16560, relating to interstate highway carriers.
   (b) Sections 20002 and 20003, relating to duties at accidents.
   (c) Section 21200.5, relating to riding a bicycle while under the
influence of an alcoholic beverage or any drug.
   (d) Section 21651, subdivision (b), relating to wrong-way driving
on divided highways.
   (e) Section 22520.5, a second or subsequent conviction of an
offense relating to vending on or near freeways.
   (f) Section 22520.6, a second or subsequent conviction of an
offense relating to roadside rest areas and vista points.
   (g) This section shall become operative on January 1, 2008.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
